Trouble leaving a joint tenancy, any advice appreciated

greatsquarenetwork

Afternoon all,

First, just some info about the tenancy I'm currently in:


Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
England

Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
Joint tenancy for whole property

Q3 – What date did current TA start dd/mm/yy?
22nd September 2020

Q4 – How long was initial fixed term (6/12/24 months / other)?
12 months

Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
Per calendar month

Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
Yes, paid on 21st September 2021 and recieved confirmation it was protected by DPS on 2nd October 2020

Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
No notice sent yet

Q8 – Does the landlord live in the same property as the tenant?
No


My situation is as follows. I would like to move out. The fixed term of the tenancy I'm in ends in a few weeks. A few days ago I told my housemates that I wanted to move out and that I was aiming to move at the end of October, just so that they had a bit of time to prepare as I know that at least one of them is certain he wants to stay and that he doesn't want to move out. I told them in advance of handing in any notice as we have become friendly since living together and I wanted to give them as much notice to make arrangements as possible.

Since telling them I wanted to leave my housemates have insisted that I should have told them sooner as it doesn't give them much time to find a new housemate, even if I'm within my rights to end the tenancy once the periodic agreement kicks in. My understanding is that when the fixed term lapses on the 22nd of September, from the 23rd we will enter a statutory periodic tenancy where any tenant can serve 1 months notice on the entire tenancy. I know that I am not happy living here longer than I have to, and that if I had it my way I would serve the notice at the earliest possible moment, as I have decided I want to move on. I have never said that I wanted to live here longer than the fixed term, for whatever reason my housemate assumed I was but that's not something I've ever said.

I don't know how to get out of this predicament. If I unilaterally serve the notice to the Landlord, which I would be within my right to in a couple of weeks, I've read that if they simply remain in the property then we're all still liable for potentially double rent? If I don't serve the notice then I'm just going to be stuck paying for a place I don't want to live in -- especially now that I've told my housemates, the way they've acted around me since then, I don't want to spend a second here longer than I have to now -- until they decide they are happy to leave?

Any and all advice would be much appreciated.

Thank you very much

HampshireH

Try and find a new housemate yourself.

I'm assuming this is some kind of student accommodation as it's unusual for normal households to be made up with multiple strangers?

It really comes down to you and /or your housemates working to replace you or all agreeing to leave.

You could speak to your agent and see what they can do to help with that. Or whether they would all rent it without an extra person

MaryNB

You don't owe them anything morally, you signed up for a 12 month tenancy, you've stayed for that period. People have reason to move home , it happens. I've lived in a few houseshares and it was rare for nobody to move out within a 12 month period. 

Two months is plenty of time to find a housemate in most areas of the country. You could help find another housemate so you can do a change of sharer. Do the ads and set up the viewings and then let them pick who they think is suitable.

If you serve notice they all have to move out at the end of the notice or you all could be charged double rent. They would be stupid to stay, you are all jointly and severally liable for the rent until everyone moves out.

MaryNB

HampshireH said:

Try and find a new housemate yourself.

I'm assuming this is some kind of student accommodation as it's unusual for normal households to be made up with multiple strangers?

It really comes down to you and /or your housemates working to replace you or all agreeing to leave.

You could speak to your agent and see what they can do to help with that. Or whether they would all rent it without an extra person

Not really, I lived in 4 houseshares of this kind (not as a student) and have had plenty of friends do the same. 

greatsquarenetwork

HampshireH said:

Try and find a new housemate yourself.

I'm assuming this is some kind of student accommodation as it's unusual for normal households to be made up with multiple strangers?

It really comes down to you and /or your housemates working to replace you or all agreeing to leave.

You could speak to your agent and see what they can do to help with that. Or whether they would all rent it without an extra person

It's a similar situation to how you describe, not students but all on the same grad job post uni.

I am happy to look for a new housemate, my only worry is I will be stuck if I don't find one, even though I thought I wasn't responsible for finding the new housemate. I see what you're saying though and appreciate the advice.

greatsquarenetwork

MaryNB said:

You don't owe them anything morally, you signed up for a 12 month tenancy, you've stayed for that period. People have reason to move home , it happens. I've lived in a few houseshares and it was rare for nobody to move out within a 12 month period. 

Two months is plenty of time to find a housemate in most areas of the country. You could help find another housemate so you can do a change of sharer. Do the ads and set up the viewings and then let them pick you they think is suitable.

If you serve notice they all have to move out at the end of the notice or you all could be charged double rent. They would be stupid to stay, you are all jointly and severally liable for the rent until everyone moves out.

Yes, I can't imagine they'd be happy with paying double rent either! I think what I'll do is offer to help find another housemate, but again I feel like I'd be trapped if they're not happy with any of the housemates I suggest, or if I'm not able to find one. I guess it is what it is. Thanks for the advice, appreciate it

canaldumidi

greatsquarenetwork said:

My situation is as follows. I would like to move out. The fixed term of the tenancy I'm in ends in a few weeks. A few days ago I told my housemates that I wanted to move out and that I was aiming to move at the end of October, just so that they had a bit of time to prepare as I know that at least one of them is certain he wants to stay and that he doesn't want to move out. I told them in advance of handing in any notice as we have become friendly since living together and I wanted to give them as much notice to make arrangements as possible.

You as an individual cannot 'hand in your notice'. In fact notice is not required at all at the end of a fixed term.Provided all joint tenants leave, the tenancy will end.

Any notice given affects the tenancy (and hence ALL the joint tenants), not just you.

Since telling them I wanted to leave my housemates have insisted that I should have told them sooner as it doesn't give them much time to find a new housemate, even if I'm within my rights to end the tenancy once the periodic agreement kicks in.

No. You are not within your rights. If you donot ALL leave at the end of the fixed term, the subsequent periodic tenancy will involve ALL the existing joint tenants.

My understanding is that when the fixed term lapses on the 22nd of September, from the 23rd we will enter a statutory periodic tenancy Correct where any tenant can serve 1 months notice on the entire tenancy.

Correct. But that notice cannot be served till the periodic tenancy starts.

I know that I am not happy living here longer than I have to, and that if I had it my way I would serve the notice at the earliest possible moment, as I have decided I want to move on.

The earliest you can serve notice is the first day of the periodic tenancy.

.... If I unilaterally serve the notice to the Landlord, which I would be within my right to in a couple of weeks, I've read that if they simply remain in the property then we're all still liable for potentially double rent?

Correct. If tenants serve notice and then fail to leave as per that notice.
Distress For Rent Act 1737 S18

If I don't serve the notice then I'm just going to be stuck paying for a place I don't want to live in -- especially now that I've told my housemates, the way they've acted around me since then, I don't want to spend a second here longer than I have to now -- until they decide they are happy to leave?

Negotiation is the key. Given that your housemates want to stay, and presumably don't want to pay the full rent without your contribution, the best solution is to find a replacement tenant for yourself.

That person should be acceptable to both your housemates and the landlord. Then there are 2 options

1) a brand new tenancy agreement in the new names. Old deposit returned and new deposit taken and registered. Inspection for damage undertaken, etc.

2) A Deed of Assihnment is Executed whereby the current tenancy continues (as periodic) but with a new name assigned to your name.

https://www.landlordzone.co.uk/pdf/Licence-Deed-of-Assignment.pdf

MaryNB

greatsquarenetwork said:

MaryNB said:

You don't owe them anything morally, you signed up for a 12 month tenancy, you've stayed for that period. People have reason to move home , it happens. I've lived in a few houseshares and it was rare for nobody to move out within a 12 month period. 

Two months is plenty of time to find a housemate in most areas of the country. You could help find another housemate so you can do a change of sharer. Do the ads and set up the viewings and then let them pick you they think is suitable.

If you serve notice they all have to move out at the end of the notice or you all could be charged double rent. They would be stupid to stay, you are all jointly and severally liable for the rent until everyone moves out.

Yes, I can't imagine they'd be happy with paying double rent either! I think what I'll do is offer to help find another housemate, but again I feel like I'd be trapped if they're not happy with any of the housemates I suggest, or if I'm not able to find one. I guess it is what it is. Thanks for the advice, appreciate it

Bear in mind, while most fees relating to tenancies have been banned, a landlord/letting agent can still charge up to £50 for a change of sharer. In this scenario, you move out,  the remaining tenants stay and sign a new tenancy agreement with the new tenant. They can only charge more than £50 if they can justify it to you, but the Act says it realistically shouldn't be more than this.
This scenario is different then if they all moved out and applied to live here again with someone new. 

greensalad

Offer to help find someone between the two of you, but make it clear that you are leaving on X date and you aren't personally responsible for finding someone to take on the tenancy, just being courteous. 

Bit silly of your housemate to assume you were just going to stay, and completely not unreasonable for you to leave as long as you're doing so on the agreed date your fixed term ends. 

Post on Spareroom etc advertising, and ask your housemate to start thinking if they know anyone who would like a room.

Wanderingpomm

You can just give notice to the landlord, legally you cannot be held to it after the 22nd sept. The other tenants and the LL will then have to come to an agreement 

Slithery

Wanderingpomm said:

You can just give notice to the landlord, legally you cannot be held to it after the 22nd sept. The other tenants and the LL will then have to come to an agreement 

They can't give notice during the fixed term, the earliest notice can be given is the 23rd September. However, if they do give notice and the housemates don't move out as well then they are all liable for double rent until the property is vacated, including the OP.